Uncontested v. Contested Divorce Proceeding

Divorce is a very significant legal matter. It is well known that over 50% of marriages end in divorce and when that happens, having the right legal support is vital. The Law Office of Dimitrios Kourouklis understands what is at stake when individuals face a stressful and uncertain road.

Although the decision to terminate a marriage is never an easy decision, the parties have different options with regard to how they can go about terminating their marriage.  They have the option of filing for either a "contested divorce" or an "uncontested divorce."

What is a Contested Divorce?

The word “contested” refers to a dispute, argument or controversy between one or more people. A contested divorce means there are issue(s) in dispute that must be resolved through settlement or verdict before your divorce can be finalized by the Court. The issues that New York Courts require divorcing parties to resolve include child custody, visitation, child support, property division and, in certain cases, alimony or spousal support. Often times, many couples pursuing a divorce already have trouble getting along, and thus most divorces start out with contested issues. The Law Office of Dimitrios Kourouklis, Ph.D. works closely with you, helping you address your contested issues, whether through mediation or negotiated settlement so you can reach an uncontested divorce agreement. Ideally, he can help you avoid litigation. Once you agree on all facets of the divorce, attorneys draft a settlement agreement, have you both sign it and submit it to the Court for its approval.

What is an Uncontested Divorce?

In an uncontested divorce, parties have settled their issues or there are major disputed issues.  The divorcing couple in this instance elect to to resolve their disagreements outside of the courtroom. Each spouse will reach his or her decision(s) without having to deal with a trial and with as little hostility as possible. This type of divorce case moves rapidly and is much less expensive than a contested divorce case. By avoiding the financial and emotional impact of divorce litigation, many couples come out the other end much happier with the results and in some instances with a new cooperative relationship that sets the tone for cooperative parenting structures.

The Law Office of Dimitrios Kourouklis understands what is at stake when individuals face a stressful and uncertain road. As a compassionate and experienced divorce attorneys, we have the knowledge and legal prowess to represent your needs and protect your rights. Before a divorce can be finalized, there are certain issues that must be resolved between you and your spouse. These issues may include child support, child custody, alimony, and division of assets.

What Are The Advantages Of An Uncontested Divorce?

An uncontested divorce is a faster way to resolve a divorce without the need of having to go through any litigation and trial, both of which are very stressful. The time involved with a trial is typically a year or longer, and one advantage of uncontested divorce is that it saves you time. Divorce litigation and trials are also expensive because you have to pay court fees and attorney fees for the time spent litigating the case.

From an emotional standpoint, trials can be a stressful experience because trials are adversarial by nature. Attorneys representing each party will present evidence against the other spouse and argue the merits of their client's case in open court. Private matters that arise during trial become part of public record, which can be embarrassing for the divorcing couple ─ not to mention the children in divorcing families who are caught in the middle of the fight.

Why Do You Need An Attorney For An Uncontested Divorce?

While uncontested divorces are rare nowadays, some couples are able to agree on all aspects of their divorce by themselves and do not have any majorly contested issues. The question that then arises is "Why do you need an attorney?"

Divorce proceedings is a legal proceeding and the law is complicated. Issues are often involved that you would never even think to consider. An attorney’s job is to protect your rights and interests. Also, there may be options you were unaware of that would better serve your interests and perhaps even your spouse’s interests. As a matter of due diligence, always seek a legal opinion when pursuing divorce irrespective of whether you and your spouse are able to resolve all of your issues. A lawyer can also help you meet the legal requirements necessary in drafting a settlement agreement and filing the necessary paper work with the Courts to help finalize your divorce.

With a genuine interest in your unique situation, the Law Office of Dimitrios Kourouklis, Ph.D. has the most competent and compassionate divorce lawyers to help you choose the path that will get you where you want to be.  Contact us at 929-400-7608 or via email and gain the confidence of having someone you trust on your side of the table to help you during this difficult and stressful time.

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